Appellate Division: Second Judicial Department

M280096

E/sl

MARK C. DILLON, J.P.

BETSY BARROS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-04087 Widewaters Properties, Inc., plaintiff-respondent, v Stanley Scheinberg, defendant, Merwin Smith, et al., defendants-respondents, Melvin Atlas, also known as Melvin Bogursky, et al., defendants-appellants; Howard Michael Scheinberg and Caryn Rae Andrews, co-personal representatives of the Estate of Stanley Scheinberg, nonparty- appellants. (Index No. 50390/2017)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Dutchess County, dated May 27, 2021. Motion by the defendant-appellant Melvin Atlas, also known as Melvin Bogursky, inter alia, to stay enforcement of stated portions of the order, pending hearing and determination of his appeal. Motion by the nonparty-appellants Howard Michael Scheinberg and Caryn Rae Andrews, co-personal representatives of the Estate of Stanley Scheinberg, and the defendant-appellant Stan Scheinberg LLC, inter alia, to stay enforcement of stated portions of the order, pending hearing and determination of their appeal. By order to show cause dated September 3, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the notices of appeal were filed in violation of the statutory stay of proceedings and vacating the order dated May 27, 2021 as a nullity, and the motions, inter alia, for a stay were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions, inter alia, for a stay and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal and the motions, inter alia, for a stay are denied.

DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court